Sony Computer Entertainment, Inc. v. Connectix Corp.

Last updated

Sony Computer Entertainment v. Connectix Corporation
Seal of the United States Courts, Ninth Judicial Circuit.svg
Court United States Court of Appeals for the Ninth Circuit
Full case nameSony Computer Entertainment v. Connectix Corporation
ArguedSept. 14, 1999
DecidedFebruary 10, 2000
VerdictThe development of an emulator does not inherently constitute copyright infringement.
Citation203 F.3d 596 (9th Cir. 2000)
Court membership
Judges sitting Herbert Choy, William Canby Jr., and Barry G. Silverman

Sony Computer Entertainment v. Connectix Corporation, 203 F.3d 596 (2000), commonly referred to as simply Sony v. Connectix, is a decision by the Ninth Circuit Court of Appeals which ruled that the copying of a copyrighted BIOS software during the development of an emulator software does not constitute copyright infringement, but is covered by fair use. The court also ruled that Sony's PlayStation trademark had not been tarnished by Connectix Corp.'s sale of its emulator software, the Virtual Game Station.

Contents

Background of the case

In July 1998, Connectix started the development of the Virtual Game Station (VGS) as a Macintosh software application that emulates Sony's popular PlayStation video games console's hardware and firmware. This would make it possible for VGS users to play games developed for the PlayStation on Macintosh hardware, with plans to release a Windows PC compatible version at a later date. Connectix's development strategy was based upon reverse engineering the PlayStation's BIOS firmware, first by using the unchanged BIOS to develop emulation for the hardware, and then by developing a BIOS of their own using the original firmware as an aid for debugging. During the development work, Connectix contacted Sony, requesting "technical assistance" for completing the VGS, but this request was eventually declined in September 1998.

The Virtual Game Station development reached completion in December 1998, with the software being commercially released in the following month, January 1999. Sony perceived the VGS as a threat to its video game business, and filed a complaint alleging copyright infringement as well as violations of intellectual property against Connectix on January 27, 1999. [1] Sony drew support from fellow video game hardware manufacturers Nintendo, Sega, and 3dfx Interactive, while Connectix was backed by fellow software firms and trade associations. [2]

The district court awarded Sony an injunction blocking Connectix

  1. from copying or using the Sony BIOS code in the development of the Virtual Game Station for Windows; and
  2. from selling the Virtual Game Station for Macintosh or the Virtual Game Station for Windows.

The district court also impounded all of Connectix's copies of the Sony BIOS and all copies of works based upon or incorporating Sony BIOS. Connectix then successfully appealed the ruling, with the United States Courts of Appeals for the Ninth Circuit reversing the earlier decision.

The court's decision

The Ninth Circuit Court's 3-0 ruling [2] centered on deciding whether or not Connectix's copying of the PlayStation firmware while reverse engineering it had been protected by fair use. The court relied heavily on the similar case between Sega Enterprises Ltd. v. Accolade Inc. in 1992, where the key finding relating to Connectix v. Sony was that copying for the purpose of reverse engineering was within fair use.

Each of the four components of fair use were considered by the court individually. The components are the nature of the copyrighted work, the amount and substantiality of the portion used, the purpose and character of the use and the effect of the use on the potential market.

1. Nature of the copyrighted work

While the Ninth District Court did acknowledge that software code does deserve copyright protection, the court, following the precedent of Sega v. Accolade , deemed that the PlayStation firmware fell under a lowered degree of copyright protection because it contained unprotected parts (functional elements) that could not be examined without copying. [3] The court also rejected the semantic distinction between "studying" and "use" made by the district court, finding it to be artificial. The court case states, "[T]hey disassembled Sony's code not just to study the concepts. They actually used that code in the development of [their] product." [4]

2. Amount and substantiality of the portion used

The court saw this criterion as being of little significance to the case at hand. While Connectix did disassemble and copy the Sony BIOS repeatedly over the course of reverse engineering, the final product of the Virtual Game Station contained no infringing material. As a result, "this factor [held] ... very little weight." [4] in determining the decision.

3. Purpose and character of the use

Sony had argued that Connectix infringed Sony's copyright by making numerous intermediate copies (that is, copies of copyrighted computer code created to aid the development of a non-infringing product [5] ) of the PlayStation BIOS during the reverse engineering process. The court rejected this notion, ruling that such a copy-grounded basis for what qualified as fair use would result in software engineers choosing inefficient engineering methods that minimized the number of intermediate copies. Preventing such "wasted effort", they argued, was the very purpose of fair use. [6]

In addition, the court found that the ultimate purpose and character of Connectix's use of Sony's BIOS - in that it created a new platform for Sony PlayStation games - qualified as "modestly transformative." [3] This factor of fair use, therefore, lay in Connectix's favor.

4. Effect of the use upon the potential market

The court held in favor of Connectix on this point as well. While the Virtual Game Station might very well lower Sony's PlayStation console sales, its transformative status- allowing PlayStation games to be played on Mac - rendered it a legitimate competitor in the market for Sony and Sony-licensed games: [3] "For this reason, some economic loss by Sony as a result of this competition does not compel a finding of no fair use. Sony understandably seeks control over the market for devices that play games Sony produces or licenses. The copyright law, however, does not confer such a monopoly." [4]

The Ninth Circuit Court also reversed the district court's ruling that the Virtual Game Station tarnished Sony's "PlayStation" trademark. Sony had to show that (1) the PlayStation "mark is famous"; (2) Connectix is "making commercial use of the mark"; (3) Connectix's "use began after the mark became famous"; and that (4) Connectix's "use of the mark dilutes the quality of the mark by diminishing the capacity of the mark to identify and distinguish goods and services." As the first three points were not under debate (Connectix conceded points (1) and (3) ), the court addressed only the fourth point.

The court also took the opinion that the provided studies were lacking sufficient evidence of diluting the PlayStation trademark: "The evidence here fails to show or suggest that Sony's mark or product was regarded or was likely to be regarded negatively because of its performance on Connectix's Virtual Game Station. The evidence is not even substantial on the quality of that performance. … Sony's tarnishment claim cannot support the injunction." [4]

Conclusion and aftermath

The Ninth Circuit Court reversed the district court's decision both on the copyright infringement and the trademark tarnishing claims, lifting the injunction against Connectix. Connectix immediately filed a motion with the district court to summarily dismiss Sony's lawsuit. [5] After a failed attempt by Sony to appeal the case to the Supreme Court, the two companies settled out of court about a year later. On March 15, 2001, Sony purchased the VGS rights from Connectix. They discontinued the product June 30 of that year. [1] Connectix itself closed in August 2003.

Video game emulation advocates have asserted that Sony vs. Connectix established the legality of emulators within the United States. [5]

See also

Related Research Articles

Clean-room design is the method of copying a design by reverse engineering and then recreating it without infringing any of the copyrights associated with the original design. Clean-room design is useful as a defense against copyright infringement because it relies on independent creation. However, because independent invention is not a defense against patents, clean-room designs typically cannot be used to circumvent patent restrictions.

<span class="mw-page-title-main">MAME</span> Multi-system emulator

MAME is a free and open-source emulator designed to recreate the hardware of arcade games, video game consoles, old computers and other systems in software on modern personal computers and other platforms. Its intention is to preserve gaming history by preventing vintage video games from being lost or forgotten. It does this by emulating the inner workings of the emulated machines; the ability to actually play the video games is considered "a nice side effect". Joystiq has listed MAME as an application that every Windows and Mac gamer should have.

bnetd is a communication app that enables users of the online game StarCraft released on March 31, 1998 to connect and chat together. A bnetd clone was released on April 28, 1998 under the name StarHack and provided near-complete emulation of the original online multiplayer gaming service network. This was accomplished through reverse engineering of the corporate Blizzard Entertainment's Battle.net.

<span class="mw-page-title-main">Connectix Virtual Game Station</span> PlayStation emulator

The Virtual Game Station was an emulator by Connectix that allows Sony PlayStation games to be played on a desktop computer. It was first released for the Macintosh, in 1999, after being previewed at Macworld/iWorld the same year by Steve Jobs and Phil Schiller. VGS was created by Aaron Giles. The recompiling CPU emulator was written by Eric Traut.

<span class="mw-page-title-main">Bleem!</span> PlayStation emulator

Bleem! is a commercial PlayStation emulator released by the Bleem! Company in 1999 for IBM-compatible PCs using Microsoft Windows and the Dreamcast. It is notable for being one of the few commercial software emulators to be aggressively marketed during the emulated console's lifetime, and was the center of multiple controversial lawsuits.

Limitations on exclusive rights: Computer programs is the title of the current form of section 117 of the U.S. Copyright Act. In the United States copyright law, provides users with certain adaptation rights for computer software that they own.

Software copyright is the application of copyright in law to machine-readable software. While many of the legal principles and policy debates concerning software copyright have close parallels in other domains of copyright law, there are a number of distinctive issues that arise with software. This article primarily focuses on topics particular to software.

<span class="mw-page-title-main">Connectix</span> Software and hardware company

Connectix Corporation was a software and hardware company that released innovative products that were either made obsolete as Apple Computer incorporated the ideas into system software, or were sold to other companies once they became popular. It was formed in October 1988 by Jon Garber; the dominant board members and co-founders were Garber, Bonnie Fought, and close friend Roy McDonald. McDonald was still Chief Executive Officer and president when Connectix finally closed in August 2003.

Homebrew, when applied to video games, refers to software produced by hobbyists for proprietary video game consoles which are not intended to be user-programmable. The official documentation is often only available to licensed developers, and these systems may use storage formats that make distribution difficult, such as ROM cartridges or encrypted CD-ROMs. Many consoles have hardware restrictions to prevent unauthorized development.

<i>In re Aimster Copyright Litigation</i>

In re Aimster Copyright Litigation, 334 F.3d 643, was a case in which the United States Court of Appeals for the Seventh Circuit addressed copyright infringement claims brought against Aimster, concluding that a preliminary injunction against the file-sharing service was appropriate because the copyright owners were likely to prevail on their claims of contributory infringement, and that the services could have non-infringing users was insufficient reason to reverse the district court's decision. The appellate court also noted that the defendant could have limited the quantity of the infringements if it had eliminated an encryption system feature, and if it had monitored the use of its systems. This made it so that the defense did not fall within the safe harbor of 17 U.S.C. § 512(i). and could not be used as an excuse to not know about the infringement. In addition, the court decided that the harm done to the plaintiff was irreparable and outweighed any harm to the defendant created by the injunction.

<span class="mw-page-title-main">PlayStation Portable homebrew</span> Executing unsigned code on PlayStation Portable

PlayStation Portable homebrew refers to the process of using exploits and hacks to execute unsigned code on the PlayStation Portable (PSP).

<span class="mw-page-title-main">Retrogaming</span> Cultural activity with old video games

Retrogaming, also known as classic gaming and old school gaming, is the playing and collection of obsolete personal computers, consoles, and video games. Usually, retrogaming is based upon systems that are outmoded or discontinued, although ported retrogaming allows games to be played on modern hardware via ports or compilations. It is typically for nostalgia, preservation, or authenticity. A new game could be retro styled, such as an RPG with turn-based combat and pixel art in isometric camera perspective.

<span class="mw-page-title-main">Video game console emulator</span> Program that reproduces video game consoles behavior

A video game console emulator is a type of emulator that allows a computing device to emulate a video game console's hardware and play its games on the emulating platform. More often than not, emulators carry additional features that surpass limitations of the original hardware, such as broader controller compatibility, timescale control, easier access to memory modifications, and unlocking of gameplay features. Emulators are also a useful tool in the development process of homebrew demos and the creation of new games for older, discontinued, or rare consoles.

<i>Lewis Galoob Toys, Inc. v. Nintendo of America, Inc.</i> 1992 American court case on copyright

Lewis Galoob Toys, Inc. v. Nintendo of America, Inc. is a 1992 legal case where the United States Court of Appeals for the Ninth Circuit concluded that there was no copyright infringement made by the Game Genie, a video game accessory that could alter the output of games for the Nintendo Entertainment System. The court determined that Galoob's Game Genie did not violate Nintendo's exclusive right to make derivative works of their games, because the Game Genie did not create a new permanent work. The court also found that the alterations produced by the Game Genie qualified as non-commercial fair use, and none of the alterations were supplanting demand for Nintendo's games.

Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417 (1984), also known as the "Betamax case", is a decision by the Supreme Court of the United States which ruled that the making of individual copies of complete television shows for purposes of time shifting does not constitute copyright infringement, but can instead be defended as fair use. The court also ruled that the manufacturers of home video recording devices, such as Betamax or other VCRs, cannot be liable for contributory infringement. The case was a boon to the home video market, as it created a legal safe harbor for the technology.

<span class="mw-page-title-main">Emulator</span> System allowing a device to imitate another

In computing, an emulator is hardware or software that enables one computer system to behave like another computer system. An emulator typically enables the host system to run software or use peripheral devices designed for the guest system. Emulation refers to the ability of a computer program in an electronic device to emulate another program or device.

<i>Sega v. Accolade</i> 1992 American court case

Sega Enterprises Ltd. v. Accolade, Inc., 977 F.2d 1510, is a case in which the United States Court of Appeals for the Ninth Circuit applied American intellectual property law to the reverse engineering of computer software. Stemming from the publishing of several Sega Genesis games by video game publisher Accolade, which had disassembled Genesis software in order to publish games without being licensed by Sega, the case involved several overlapping issues, including the scope of copyright, permissible uses for trademarks, and the scope of the fair use doctrine for computer code.

Fox Broadcasting Co. v. Dish Network, LLC is a copyright case in which the United States District Court for the Central District of California, by granting partial summary judgment, denied most parts of the copyright claims presented by Fox Broadcasting Company (Fox) against Dish Network (Dish) for its service, a DVR-like device that allowed users to record programming that could be accessed later through any Internet-connected device. The service offered by Dish also allowed users to record any or all Fox's prime-time programs and to automatically skips commercials (AutoHop).

<i>Atari Games Corp. v. Nintendo of America Inc.</i> Legal dispute between Atari and Nintendo

Atari Games Corp. v. Nintendo of America Inc., 975 F.2d 832, is a U.S. legal case in which Atari Games engaged in copyright infringement by copying Nintendo's lock-out system, the 10NES. The 10NES was designed to prevent Nintendo's video game console, the Nintendo Entertainment System (NES), from playing unauthorized game cartridges. Atari, after unsuccessful attempts to reverse engineer the lock-out system, obtained an unauthorized copy of the source code from the United States Copyright Office and used it to create its 10NES replica, the Rabbit. Atari then sued Nintendo for unfair competition and copyright misuse, and Nintendo responded that Atari had engaged in unfair competition, copyright infringement, and patent infringement.

<span class="mw-page-title-main">Video game preservation</span> Form of preservation in video gaming

Video game preservation is a form of preservation applied to the video game industry that includes, but is not limited to, digital preservation. Such preservation efforts include archiving development source code and art assets, digital copies of video games, emulation of video game hardware, maintenance and preservation of specialized video game hardware such as arcade games and video game consoles, and digitization of print video game magazines and books prior to the Digital Revolution.

References

  1. 1 2 Smith, Tony (March 15, 2001). "Sony buys PlayStation emulator". The Register. Retrieved April 15, 2012.
  2. 1 2 "Court Says Software Maker Can Emulate Sony's PlayStation". Associated Press. February 11, 2000. Retrieved April 15, 2012.
  3. 1 2 3 McDonough, Jerome. "Preserving Virtual Worlds Final Report". Library of Congress' National Digital Information Infrastructure for Preservation Program. Retrieved May 1, 2012.
  4. 1 2 3 4 "SONY COMPUTER ENTERTAINMENT v. CONNECTIX CORP., 203 F.3d 596 (9th Cir. 2000)" . Retrieved August 1, 2022.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  5. 1 2 3 Pettus, Sam. "Emulation: Right or Wrong?" . Retrieved May 2, 2012.
  6. Hollaar, Lee A. "Chapter 2: Copyright of Computer Programs". Legal Protection of Digital Information. Retrieved May 1, 2012.